tonight. i'm chris wallace in washington. no online show tonight but keep it right here on fox where more news is always on the way. >> shepard: this is "the fox report." tonight the former cia director david petraeus is now expected to testify before congress on the attack on our consulate in benghazi and president obama speaking publicly for the first time about the scandal that's rocked the military and the cia. >> obviously, there is an ongoing investigation. >> shepard: the president speaking publicly for the first time about the scandal. >> you can assure the american people that there have been no breaches of national security? >> do you believe you should have known sooner? >> shepard: tonight, the commander and chief answers some questions. plus, lawmakers now asking whether the investigation into general petraeus' affair affected his testimony about

the attack on our consulate in benghazi. >> the fact that his testimony was so wrong and the fact that the investigation has gone on, it just has to make you wonder. >> the american people have been mislead from the beginning. >> i would like to ask general petraeus some questions. >> shepard: now the general says he is ready to talk. and accusations that a woman at the center of the scandal stored classified material at her home. could paula broadwell potentially face prison time? but first from fox this wednesday night. the president says he has seen no evidence that anybody breached the national security in the scandal that's erupted around two top u.s. generals. but the president notes the investigation is still going on. president obama held his first white house news conference of his new term today. reporters asked him whether investigators should have informed the white house about the scandal before the election. >> what i will say is, is that if, um, it is also possible

that had we been told, then you would be sitting here asking a question about why were you interfering in a criminal investigation. >> shepard: the president said he thinks it's best if we just wait to get more information about how all of this unfolded. no question it is complicated so here is a bit of a recap of all the cast members and plot twists in this ongoing well soap opera. last week then cia director david petraeus resigned as we learned that he had been sleeping with his biographer paula broadwell. that affair came out after the fbi started investigating paula broadwell for allegedly sending emails to another woman jill kellily a friend of david petraeus family. curing the fbi investigation, agents uncovered thousands of pages of emails between jill kelley and general john allen. he is the man who took over for general petraeus as the top commander in afghanistan. and he has denied that he and jill kelley are having an affair. it's a tangled web no doubt.

the president had more to say about the whole thing during his news conference today. ed henry is there and is with us tonight on fox top story. she is a family friend, ed, the president didn't completely rule out the idea that somebody may have leaked some classified information. >> that's right. good evening, shep. the bottom line is the president didn't want to touch any of the salacious details of this for obvious reasons. he didn't want to kick general petraeus while he is down. he made very clear that he thinks general petraeus has had a long career of very exemplary service and noted that how it is ending is obviously not the way anyone wanted it to end but said that it's a personal family matter with his wife and children and that they should work that out. in terms of classified information being leaked, it was very telling that the president said there is no evidence that it has been leaked but there is all kinds of caveats because maybe it did leak. take a listen. >> i have no evidence at this point, from what i have seen, that classified information

was disclosed, that in any way would have had a negative impact on our national security. obviously there is an ongoing investigation. i don't want to comment on the specifics of the investigation. >> no evidence at this point from what i have seen. that's code for i don't know what other shoes may drop here because the story has already been bubbling up for days. of the president wanted to make sure he didn't close any possible doors here because they know there could have been classified information that was leaked, shep. >> shepard: a lot of different news items on the agenda today. one of them the fiscal cliff which the economists and others believe may plunge us into another recession. the president seemed optimistic that he and the congress might be able to cut a deal. >> he did. he for the first time in a long time said i want a big deal. that's code for you will remember a year and a half ago during the debt ceiling crisis he wanted a big deal or grand bargain with the republic speaker john boehner. during election year we

haven't heard any of that because they were fighting so much. now the president saying how he wants a deal. speaker boehner all recent days been saying all the right things. it's interesting that today the president didn't really move an inch toward the republicans and speaker boehner had some comments that suggested he is not ready to move towards the president. take a listen thrrvettle are ways to put revenue on the table without increasing tax rates. we have talked about this now for over a year. you could -- there is all kinds of information and data out there. but, getting into the specifics of that at this point would not be conducive to trying to come to an agreement with the white house. >> so the bottom line is that neither side has -- president at his news conference today or john boehner in his conference have gotten into the tough specifics about what's going to happen to taxes, what's going to happen in terms of spending cuts to try to get a big debt cut maybe up to $4 trillion to avoid the so-called fiscal cliff. the president is having leaders in both parties here

at the white house on friday. that's when they should start hashing all this out. they have a looming deadline. the markets have been roiled by. this they will be watching that meeting on friday closely. >> shepard: ed henry, thanks. the fbi reports it did find classified information on a computer in paula broadwell's house. and there is word now that prosecutors are debating whether to charge her with a crime. jennifer griffin working this angle from the pentagon tonight. jennifer, she did have permission to have some classified information. it's just, well, they don't know which. >> well, she had permission until it was taken away in recent days due to this current fbi investigation. paula broadwell is an army military reserve lt. colonel who has security clearance to view classified information but not to take it home with her. the fbi says that there is no evidence so far that david petraeus shared classified documents with broadwell, shep. >> shepard: and the fbi director jennifer was on capitol hill today talking about -- talking to lawmakers about this investigation. >> that's right.

after congressional leaders from the intelligence committees complained about not being informed until now. the leaders of the senate select intelligence committee senators dianne feinstein and cincinnati saxby chambliss released a joint statement in which they said, quote: today we received a comprehensive briefing from fbi director robert muller and the deputy director that led to the resignation of david petraeus. they answered our questions because this is ongoing fbi investigation. we will have no further comment. and tonight we learned that the army is investigating whether paula broadwell should be uniform code of military justice for having the affair with david petraeus. they are looking at whether she was, in fact, on -- had been called up as a reserve period of the affair. shepard? >> shepard: these are the days of our lives. jennifer griffin at the pentagon tonight. thank you. lawmakers said today they want to know whether general petraeus scandal investigation affected his testimony about

the consulate attack in ben geaz. and they could soon get some answers from general petraeus himself. we'll get to that. plus, republic leaders saying they will block any attempt to make the u.s. ambassador susan rice the next secretary of state, if they can. their promise, the president's response and the rest of the day's news from the journalists of fox news on this wednesday fox report. uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery.

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kellogg's crunchy nut! ♪ sweet and nutty crunchy nut! [ male announcer ] honey sweet flakes with nuts in every bite. it's super delicious. >> shepard: president obama was all in definiting susan rice. threatening to block the nomination if he chooses to replace for hillary clinton. ambassador rice is not qualified for the job in their estimation because of her commence about the attack in the u.s. consulate in benghazi. she went on the sunday talk shows five days later, all of them. and said the violence started out as a spontaneous protest over anti-islam video. today the president said she was just repeating what

intelligence officials have told her. >> if senator mccain and senator graham and others want to go after somebody, they should go after me. and i'm happy to have that discussion with them. but for them to go after the u.n. ambassador, who had nothing to do with benghazi, and was simply making a presentation based on intelligence that she had received, besmirch her reputation is outrageous. >> who in the white house, who was the president of the united states? was it one of his people? who was it that gave her talking points that clearly indicated something that of which there was no basis in fact? >> this president and this administration has either been guilty of colossal incompetence or engaged in a coverup, neither of which are acceptable to the american people.

>> shepard: so, there it is. now we are learning lawmakers could soon hear from david petraeus himself. catherine herridge in washington tonight. what do we know? >> shepard, on thursday the nation's most senior intelligence in law enforcement officials will testify in classified sessions to the house and senate intelligence committees, which will be closed to the public and also to reporters. fox news has learned that former cia director david petraeus, who was sworn into that job on september 6th last year and resigned last friday has voluntarily agreed to testify committees. while there are reports of testimony could come as early as tomorrow, it remains a very fluid situation. it's not even clear whether that testimony would come on the hill or off campus so tonight nothing has been finalized, shep. >> shepard: he is already on the record, general petraeus did brief lawmakers last month. >> law firms are now publicly questioning whether the former cia director knew he was the subject of this fbi investigation when he briefed capitol hill in the first week after the benghazi attack and whether that impacted his

statements or his professional duties. in a classified briefing on september 14th, lawmakers tell fox director petraeus seemed very much wedded to the administration's explanation that benghazi was likened, pardon me linked to the anti-islam individual quo. this was in stark contrast to a briefing day earlier by the fbi where lawmakers were told the evidence pointed directly to al qaeda. >> the documents that we see that the cia had, the information they had, prior to general petraeus coming in it's impossible to believe that he thought he was giving us honest testimony. >> through the general's personal contacts, his explanation has been that this resignation from the cia was completely distinct from the benghazi scandal, shep. >> shepard: katherine herrige live from washington: movie the movie theater massacre in aurora, colorado? a surprising turn of events about which we have just learned. lawyers for the suspect there james holmes have just released the man who is responsible for that or said

to be. they took him to a hospital yesterday. they didn't elaborate on his condition other than to say, quote: it's not as simple as a migraine, whatever that means. the defense attorneys did -- said that they did not know whether the suspect would be able to attend a court hearing that's scheduled for tomorrow. now the judge has delayed that hearing until december. cops say james holmes killed 12 people, wounded dozens more when he opened fire during a midnight showing of the latest batman movie in july. he has not entered a plea in the case. u.s. military has -- israeli -- air strike on the suspect's car. and the israelis say there is more to come. now palestinians are promising retaliations and sure enough they have fired back. so, how is this escalating? plus, a plane that crashed into a house and exploded, happened last night in mississippi during "the fox

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the israeli government warned of a possible, get this, ground attack in the gaza. hamas, which the u.s. and israel consider a terror organization initially -- essentially runs the gaza strip, the palestinian militants there have already begun retaliations firing rocket after rocket across the border into israel. and now the potential of another conflict. in a region already dealing with a bloody civil war in neighboring syria. leland i have the materiality along the israeli/gaza border with more. leland? >> tonight, shepard, we can hear the unmistakable sound of israeli f-16s starting their bombing runs into the gaza strip. you then see the bright flashes of light when those 2000 pound bombs go off and you hear the reverb rations of the explosions at the same time we are also seeing those rockets fly out of the gaza strip here in to southern israel. this attack on ahmed really

caught hamas by great surprise. not only the intelligence required to carry out such a pinpoint strike but also the fact that israel has begun its targeted killings once again a number of militants met their end today. hamas and islamic jihad. weapons storng facilities were attacked including some the very key long range missiles that has the israelis very worried. those are missiles that could fly here from israel up to tel aviv that they tried to destroy in the very beginning of these long-range air strikes. however, there was still massive retaliation, about 80 rockets flying out of the gaza strip into an area about 30 miles around gaza. that's where 1 million people live. 80 rockets, 25 of which were intercepted by israel's iron dome defense system. the middle east has changed a lot in the past couple of years. egypt has pulled its ambassador out of israel in protest. they have said they want this to end right now. cutter has came out in a very

strong statement against israel. egypt is calling for a u.n. security council meeting about this latest round of attacks the united states for its part though is standing by israel. right now, it is 2:15 in the morning. 10 hours is when hamas will buyery their dead. that's when we will know if they call it a day or we are starting another war. shepard? >> shepard: weird lighting there, leland. have they been shooting at you? >> not yet. that's what we are trying to prevent. they have laser guided missiles back in the gaza strip. that's what started this whole thing six days ago. we don't want to give them any targets considering how dark it is out here. we don't want them mistaking us for israeli army jeep. >> shepard: three people died when their small plane crashed into a house in mississippi. and it reportedly happened while they were on their way to a federal aviation administration safety conference less than 30 miles away. this broke during fox report last night. the plane reportedly crashed in jackson, mississippi, the state capital just after takeoff.

the house caught fire almost inat that point distantly they tell us. the folks inside the house did get out alive. >> i was just so terrified. i was scared. i just want her to be all right. i know her son is 100% all right. he is shaken up. but i'm worried about her. >> my sister is in the shower. my brother grabbed my nephew and told my sisters to just come on. and she left everything in the house. >> shepard: left it all in there the owner of the plane says all three men on board were pilots. federal investigators now trying to figure out what caused the crash. the former republic presidential candidate mitt romney says he now knows exactly why he lost the election. and he is speaking for the first time. and laying blame. that's just ahead. also new information coming out about jill kelly. she is the woman who exchanged tens of thousands of pages of email with the man running the war in afghanistan. from lavish parties at her

home to reports of money troubles to her close relationships with the generals. also, what her family says about all of this. >> you know, it's a shock [inaudible] where the pieces are falling right now. >> shepard: that's coming up as we approach the bottom of the hour and the top of the news. [ male announcer ] free windows 8 training from your son. can you help me with something? nope! good talk. [ male announcer ] or free windows training when you buy a computer at staples. anotheway staples makes it easier to upgrade. gives you 1% cash back on all purchases, plus a 50% annual bonus. and everyone likes 50% more... [ midwestern/chicago accent ] cheddar! yeah! 50 percent more [yodeling] yodel-ay-ee-oo. 50% more flash. [ southern accent ] 50 percent more taters. that's where tots come from.

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>> shepard: an emergency room doctor has pleaded not guilty to charges she caused a three car crash while driving under the influence of drugs and alcohol. cops released video of the crash so here you go. the doctor speeding out of a

whole foods parking lot in massachusetts goes airborne and then crashes into traffic. and police say before all of that. the doctor crashed into a truck and a granite post. cops say she had a bunch of prescription pills with her. the crash sent one man to the hospital with minor injuries. the doctor is due back in court in january. dramatic video now, a plane overshoots a run way and crashes into a busy highway and tops our news around the world in 80 section. beafl, security cameras captured the scene as the small aircraft slammed into a fence in the nation's largest city. all three people on board survived. doctors say the pilot is recovering from injuries to his head and spine. investigators looking into what caused the crash. china. a good samaritan helped wrestle a thief to the ground in shanghai. surveillance footage shows the thief taking an item off a shore shelf then trying to leave. three workers grant guy but he

pulled out a nich. a man outside the store saw the scuffle and ran in to help. officials say the suspect cut one of the workers on her wrist. he now faces assault charges. japan. storms spawning two rare funnel clouds in the west. state television captured this giant waterspout which died out before it reached land. meanwhile, a tornado touched down in a nearby city during a hailstorm. officials report no damage and no injuries. australia. thousands gathered in the northeast to witness a full solar eclipse. [cheers] >> absolutely awesome. >> shepard: astronomers describe the eclipse as one of the most dramatic they had seen since heavy clouds cleared up as the moon covered the sun and that's a wrap on this fox trip around the world in 0 seconds. -- 80 seconds.

>> shepard: i'm shepard smith. this is the fox report. it's the bottom of the hour, time for the top of the news. and one of the women at the center of a major military and cia scandal is no longer welcome at an air force base. at least not on her own terms. a pentagon spokesman confirms the military has indefinitely suspended the access to the air force base in tamp a pa of jill kelley. investigators say she, exchanged thousands of emails with general john allen, the top commander of the war in afghanistan. those emails, they tell us, were pretty explicit, according to one official who has seen them. the official called them the equivalent of phone sex over email. jill kelley's brother says he learned about all of this only when the scandal brobleg in the news media -- -- broke in the news media. >> it's happened extremely quickly. 12 to 24 hours maximum since we found out about this. so, you know, it's a shock. we're just trying to figure out where the pieces are falling right now. >> shepard: he is not the only one.

we are starting to get a better sense of how this jill kelley wound up in the middle of all of this. "the fox report's" correspondent jonathan hunt is in the studio with us tonight. jonathan, explain what we have heard about her voflt here. >> jill kelley was a fixture on the social scene in tampa. she was a regular mention in the society pages of the tampa tribune. apparently ruffled some feathers for her enthusiasm in high society. but she was well-known for hosting these champagne-fueled parties attended by the top brass at macdill air force base. headquarters to u.s. central command. the parties went on and on. she was very well known for them, not that there is anything wrong with her brother pointed out today. >> if you know my sister the way i do, she is number one a mother. she has three little kids. she is number two a wife, okay? so, she is very dedicated to her husband and to her kids. so something like this is

really pretty much fluke, you know. so, for her -- anybody to paint her other than that is completely wrong. is just completely wrong. >> jill kelley called herself, of course, an honor consul, whether they call them consuls or honor ambassadors or social liaisons, it is not uncommon for military bases to have such figures. they are usually women. i have met some of them at bases in the u.s. and around the world. what is unusual, shep, obviously is her access to the highest level of military commanders. >> shepard: no doubt she rolls like a 1 percenter but she has financial problems. >> all the photographs we have seen of her. seems to show her in designer clothes. she drives apparently a late model mercedes. her house in tampa which she owns with her husband scott is according to whichever valuation you believe worth somewhere between 1.5 and $1.8 million. but according to court documents, that house has been in foreclosure since 2010.

court documents also reveal that she and her husband have had debt running into the hundreds of thousands, at times even apparently millions of dollars. none of, this of course, necessarily has anything to do with her relationship with david petraeus, but it does show once your name becomes known nationally through your fault or anybody else's, your whole life is laid bear, shep. >> shepard: apparently, jonathan, thank you. now general john allen. we now know that his lawyer says john allen will fully cooperate in the investigation. pentagon officials general allen insists he has done nothing wrong and that he did not have an affair with jill kelley, period. today defense secretary leon panetta told reporters do not jump to conclusions here. he says he still has confidence in general allen to command the u.s. forces and continue the fight in afghanistan. well, just in to us. earlier we were tell you it's expected that general petraeus, david petraeus would testify at some point before congress. well, four we have gotten

definitive word. we now know that he will, indeed, testify before congress this friday, that is the plan, just in to fox news moments ago. well, as we reported earlier this hour, president obama today defended his plan to allow some the bush era tax cuts to expire for the wealthiest americans. they are all going to expire. and if someone doesn't want them to, the president has a veto pen. so really that's it. in a news conference, the president said he is still willing to compromise with republicans. >> i have been encouraged over the past week to hear republic after republic agree on the need for more revenue from the wealthiest measures as part of our arithmetic if we are going to be serious about reducing the deficit. >> shepard: remember, we are set to fall right off that fiscal cliff they keep beating us in the head with at the end of the year when automatic tax hikes and spending cuts go into effect. that's unless the president and congress can reach a deal. the white house says that later this week when president obama meets with senate and house leaders he will propose

$1.6 trillion in tax hikes on corporations and the wealthy. that's double the amount that the house speaker john boehner reportedly offered last year. gerri willis from fox business network is covering this. you know, republics don't have a lot of say here, frankly, because these aren't hikes, really, they were tax cuts that were put into place and they are going to expire because republicans said they would expire. >> that was the law. >> they can't stop it? >> that was the law. here is what is going on. speaker john boehner had a press conference in which he said he was hopeful finding some common ground with the president. here is what he said. >> there is a lot of issues on the table that have to be resolved by the end of the year. and i think i have laid out a reasonable framework where both parties can work together. and i'm looking forward to going down to the white house on friday and beginning that conversation. >> behind closed doors though speaker of the house told congressional members to prepare for a long battle. as you mentioned, shep, the pedal really hits the metal on

friday. that's when they sit down with congressional leaders and the president. >> he has been meeting with business executives today. >> 12 of them sitting down. big companies here. proctor and gamble, xerox, ibm. after the meeting, the ceo of xerox said hey, i think we are finding common ground here. i see movement. i think it's a positive meeting and see grounds for some kind of deal we will find positive. >> shepard: stocks down in a big way today. everything i hear investors are worried about the fiscal cliff. >> worried about the fiscal cliff and a few other things. at the top of this list is this cliff. we finished down and down dramatically 180 points on the dow. the nasdaq is now in correct mode, which is not good news. >> shepard: meaning it's off 10% from the high? >> that's right. of course people out there, if you are worried about your 401(k), can say much to make you feel better tonight. >> shepard: except they are going to get this fiscal cliff worked out or people are going to go, you know a little crazy. >> knock wood. >> if i were a betting man.

[ laughter ] thank you, gerri. >> you are welcome. >> shepard: investors say concern about european debt also helped push stocks down today. protesters in europe in a big way they were out in the streets demonstrating its tough budget cut. [siren. [. [explosion. >> shepard: rome here police firing tear gas into a crowd. similar scenes across the kant continue nent. spain off the job shutting down transportation. union members and others joined in showing solidarity. things don't seem to be improving. in spain and greece the unemployment rate is now above 25%. well now that congress is back at work for the next few days at least. lawmakers are choosing their leaders and that sets up a bit of a showdown between the house speaker john boehner and congressman paul ryan. vice presidential nominee, remember. mike emanuel is on capitol hill. mike, they ended up backing

rival candidates in one race. >> that's right, shep. it was for the house republics fourth ranking leader. cathy mcmorris rogers from the state of washington was the establishment choice to be promoted. well, she faced a challenge from tom price from the state of georgia, who paul ryan was backing in a letter to colleagues. this is big because if she had lost, all the top house republic leadership would have been male. well, mcmorris rodgers, won, shep. >> shepard: we are sprk boehner and pelosi to hang on to their jobs. >> that's right. john boehner was renominated to continue to serve as speaker of the house. there was not any controversy there. and with republicans in the majority, it's expected to be made official by a full house vote. there was some buzz about whether nancy pelosi would continue on as the top house democrat, which she told us today. >> my colleagues made it very clear and in fact i think they must have coordinated with each other because their

message was clear, don't even think of leaving. >> if the next congress is anything like this congress, you can expect plenty of boehner vs. pelosi battle, shep. >> shepard: mike emanuel at the retundra, thanks. now the storm aftermath. the long road to recovery continues after historic storm sandy. we have details now on the legal battle over the power outages that have lasted more than two weeks in some cases. plus, you will hear a top u.s. official threaten to punch out a reporter. you will probably like this. they've been committed to putting clients first. helping generations through tough times. good times. never taking a bailout. there when you need them. helping millions of americans over the centuries. the strength of a global financial leader. the heart of a one-to-one relationship. together for your future.

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>> shepard: the feds say the power companies have restored the licket to 99% of those customers that lost it. but major challenges remain because that figure does not include some 90,000 homes and businesses that are destroyed or too badly caged for crews to even get in there new york governor andrew cuomo launched

investigation why it took so long to get the juice flowing more than two weeks in. part of the long island power authority or lipa. folks living in the dark say the whole system was a ticking time bomb. >> from out of state told us this thing was being held together with bubble gum and haywire and that they were told in 2006 that a problem could happen. they did nothing. >> shepard: that's not the only legal battle brewing. cablevision faces 250-million-dollar lawsuit claims the company continue to bill more than a million customers who lost internet television or phone service and refused to offer any rebates. molly line on new york staten island very hard hit. at least people there are helping each other out, it looks like. >> absolutely. we're in a neighborhood distribution center. this was set up by a catering company. ariannas planned to open a third business here. their third center and instead they turned this area into a

distribution center for all the people in the neighborhood that got washed out there. are a lot of people here that are just coming back to their homes. they are beginning to tear out everything inside. their bridge is gone. their kitchen is gone but they can come here and get a couple of things to get them going while they are working to get back on their feet. there is also a lot of gratitude for what's happening here. take a listen. >> anything you need, it's wonderful. they have got food. they have got clothing. but most of all they have such hearts and a lot of love. >> this is staffed by volunteers. also being given away by volunteers for the text. >> church groups covering a the love ground, too molly. >> yeah, it's not just here in this country area where people can come and get help. the church groups are going out all through the different neighborhoods. we caught up with the church of jesus christ of latter day saints today. they have been working for the last week or so tearing down out homes. baptist church came up from north carolina yesterday.

would they have drove 13 hours. we have seen the catholic church coming through with their trucks. still effort and work to do. shep? >> shepard: molly line on staten island tonight. mitt romney has reportedly blamed last week's election loss on what he called gifts that president obama gave or promised the democratic voters. in a conference call with his national finance committee, governor romney said the obama campaign was, quote: very generous to such groups as young voters, african-americans, and hispanics. according to the reporting of the "new york times" he said with regards to young people, for instance, forgiveness of college loan interest was a big gift. the governor is said to have gone on to say that with regards to hispanic voters, the amnesty for children of illegals, the so-called dream act kids, was a huge plus for that voting group. a member of the u.s. cabinet has apologized for athletic to punch out a reporter in

colorado. happened last week when reporter asked ken salazar about the government's wild horse program. he was in colorado to campaign for president obama and he made it clear he was not happy with the question. >> ask me again i will punch you out. don't ever ever from the gazette or anybody else do that to me again. >> you are here as a public figure. >> is he here on his personal time, actually. >> i am here for president obama. i'm talking about the campaign. you want to talk to me about a public policy issue, you can do that on another time. >> shepard: the colorado springs gazette reports the interior secretary told the reporter today, quote: i want you to hear me loud and clear i shouldn't have said that. end quote. we are told he also sent a letter of apology and offered the reporter another interview. another george bush may soon be seeking office we get word today. former florida governor jeb bush says in a fundraising

letter george p. bush is considering a run for texas land commissioner. the younger bush is the grandson of former president george h.w. bush and the nephew of former president george w. bush. george p. bush filed to officially declare a candidacy next week. but campaign sources say he has not made a final decision on whether he will run for land commissioner. attorney general, or comptroller. lawmakers on capitol hill getting a chance to question the guy in charge of the pharmacy that investigators have linked to that deadly meningitis outbreak. but they probably didn't like the answers or lack thereof. coming up. service would yochoose, based on this chart ? don't rush into it, i'm not looking for the fastest answer. obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ?

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>> shepard: fox urgent conflict brewing in israel. the united nations security counsel will meet in a little more than an hour from now to

discuss the israeli military air strike that killed the cop hamas militant commander it happened in the gaza strip earlier today. the commander killed while he was driving a car, there it is. the israeli government claimed it was punishment for militant rocket attacks. hamas has, in turn, promised its own retaliation. in fact, there has been some. we will get you more as it comes in. house lawmakers going straight to the top in an effort to get to the bottom of a deadly meningitis outbreak. the co-owner and president of the new england compounding center was on capitol hill today. lawmakers subpoenaed him to testify about his company's tainted steroid shots. the feds have linked those shots to the deaths of 32 people and illness among hundreds. investigators say workers prepared the medication in dirty, contaminated labs. but the co-owner of those labs really didn't have much to say about it. >> what do you say to all of these patients and all of these families that have been

deficit stated. cefs -- devastated by these contaminated products that your company has produced. >> on advice of counsel i respectfully decline to answer on the bafers of my constitutional rights and privileges including the fifth amendment to the united states constitution. >> shepard: that's how it went today. lawmakers cut short the testimony when he refused to answer any of the questions. jonathan serrie in atlanta tonight. so, who did testify? >> well, the panel heard from joyce love lay. she is the widow of a long-time circuit judge in kentucky who died after receiving injections of back pain medication produced by the new england compounding center. mrs. lovelay said she wanted to put a human face on the statistics associated with the fungal meningitis outbreak. listen. >> i can't begin to tell you what i have lost. my soul mate. my partner. words don't -- can't describe. >> the panel also heard from

f.d.a. commissioner margaret hamburg as well as interim commissioner lauren smith of the massachusetts department of public health. shep? >> shepard: jonathan serrie in atlanta tonight. fox has been skunked. a skunk took out a colorado springs fox television station for almost an entire day. a worker at the fox affiliate there says the skunk probably made its way into the station in search of a warm place. he says some of the wires may have shocked the animal and the skunk did what scunks do. the spray so spousal it apparently shorted out the transmitter. the worker had to brave that skunkiness to get everything back up and running. seems the new laws in colorado are in order tonight. you probably shouldn't wait six years to claim a winning a million-dollar lottery ticket especially if it's not your ticket. a pair of brothers in trouble tonight. and prosecutors say the real winner has learned he is a

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>> shepard: store worker tells you he won $5,000 on a scratch off ticket, great news, right? not if the worker is lying and you really won a million. investigators accuse a pair of brothers of scamming a customer at their parent store in central new york six years ago. they say the brothers tried to claim the 5-million-dollar ticket by offering a smaller prize and one of the brothers apparently didn't stop there. >> about a half an hour he obtains $5,000 in cash and, instead of giving the guy the entire 5,000 who he just allegedly stole 5 million from. he gives him $4,000, telling him that the extra thousand is is some sort of finder's fee or something, you know, a fee for cashing the ticket or whatever such nonsense as that. >> shepard: stupid. lottery officials say they became suspicious when the

brothers tried to cash in that big ticket. officials have found the real winner. the lawyers for the brother say they will plead not guilty to charges of conspiracy and attempted grand larceny. before we go, our team's top five things of the day. number five the former cia director general david petraeus set to testify about the deadly attack in ben gaze in friday. number four, the u.s. military has suspended paula broadwell's intelligence clearance. she is general petraeus' biographer and mistress suspected of taking classified documents. number three the military has also suspended the military base pass of the tampa socialite who plays with her hair in this whole scandal. jill kelley will now have to sign in at the visitor's center like every other somebody. number two the top commander in afghanistan, general john allen says he will fully cooperate in the investigation of the emails he sent to jill kelley and number one tonight, the president today defended vigorously his u.s. -- sorry, u.n. ambassador susan rice. after some republics vowed to block her possible nomination

as secretary of defense. and that's "the fox report's" top five. and on this day in 1957, cops in upstate new york raided a house in the middle of the woods. and arrested dozens of the most notorious mafia gangsters in this nation it was called the appalachian meeting. and it may have been the biggest convention in mob history. members of just about every major family were there. wise guys from coast to coast. even sicily. they were apparently there to decide how to split up their businesses. loan sharking, drugs, extortion, on and on. but the local cops got wise because the fleet of expensive cars kind of stuck out a little bit. for many americans it was the first concrete proof of the american mafia's mere existence. but the police raided on the mob's parade 55 years ago today. and now you know the news for this wednesday, november the